Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- St. Mary's University (828)
- American University Washington College of Law (211)
- Seattle University School of Law (195)
- University of New Mexico (32)
- Villanova University Charles Widger School of Law (20)
-
- William & Mary Law School (11)
- University of Michigan Law School (9)
- Vanderbilt University Law School (9)
- BLR (8)
- Maurer School of Law: Indiana University (8)
- Pace University (8)
- City University of New York (CUNY) (6)
- Georgetown University Law Center (6)
- University of Maryland Francis King Carey School of Law (6)
- Yeshiva University, Cardozo School of Law (6)
- Brooklyn Law School (5)
- Columbia Law School (5)
- University of Arkansas, Fayetteville (5)
- University of Colorado Law School (5)
- University of Miami Law School (5)
- University of Richmond (5)
- University of Washington School of Law (5)
- SJ Quinney College of Law, University of Utah (4)
- Schulich School of Law, Dalhousie University (4)
- Cleveland State University (3)
- Pepperdine University (3)
- University of Georgia School of Law (3)
- University of Southern Maine (3)
- California Polytechnic State University, San Luis Obispo (2)
- Northwestern Pritzker School of Law (2)
- Keyword
-
- St. Mary’s Law Journal (395)
- St. Mary’s University School of Law (385)
- Inc. (73)
- Student comment (46)
- Texas (38)
-
- Environmental law (34)
- Texas Supreme Court (34)
- Climate change (23)
- Public health (23)
- Fourteenth Amendment (22)
- Environmental Law (21)
- Negligence (20)
- Regulation (20)
- Jr. (19)
- Texas Constitution (19)
- EPA (18)
- First Amendment (18)
- Health (18)
- Law (18)
- Due Process Clause (17)
- Equal Protection Clause (16)
- Legal malpractice (16)
- Sixth Amendment (16)
- Environmental justice (15)
- Criminal law (14)
- Environment (14)
- Due process (13)
- Environmental Protection Agency (13)
- Liability (13)
- U.S. Const. amend. XIV (13)
- Publication Year
- Publication
-
- St. Mary's Law Journal (827)
- Sustainable Development Law & Policy (199)
- Seattle University Law Review (189)
- Water Matters! (32)
- Villanova Environmental Law Journal (1991 - ) (19)
-
- William & Mary Environmental Law and Policy Review (10)
- Faculty Scholarship (8)
- Scholarly Articles in Law Reviews & Journals (8)
- Indiana Law Journal (6)
- Publications and Research (6)
- Vanderbilt Law School Faculty Publications (6)
- ExpressO (5)
- Georgetown Law Faculty Publications and Other Works (5)
- Journal of Food Law & Policy (5)
- University of Richmond Law Review (5)
- Articles, Book Chapters, & Popular Press (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Michigan Law Review (4)
- Publications (4)
- American Indian Law Journal (3)
- Articles (3)
- Brooklyn Journal of International Law (3)
- George Mason University School of Law Working Papers Series (3)
- Journal of the National Association of Administrative Law Judiciary (3)
- Maine Collection (3)
- Michigan Journal of Environmental & Administrative Law (3)
- Pace Environmental Law Review (3)
- Seattle Journal of Technology, Environmental, & Innovation Law (3)
- Utah Law Faculty Scholarship (3)
- American University Law Review (2)
- Publication Type
Articles 721 - 750 of 1459
Full-Text Articles in Environmental Law
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
The Competency Of The Sham Affidavit As Summary Judgment Proof In Texas., David F. Johnson, Joseph P. Regan
St. Mary's Law Journal
The United States Court of Appeals for the Fifth Circuit first addressed the sham affidavit theory in Kennett-Murray Corp. v. Bone. This is the doctrine regarding assertions made by affidavit in order to prove summary judgment which are contrary to prior statements given, usually during a deposition. More recently, the Fifth Circuit has used the theory to strike affidavits where it found a sufficient inconsistency existed. This Court has also applied the sham affidavit theory to any prior sworn testimony, not just deposition testimony. The adoption of this theory overturned the precedent which stated a factual issue existed where a …
American Legal Ethics In An Age Of Anxiety., Michael Ariens
American Legal Ethics In An Age Of Anxiety., Michael Ariens
St. Mary's Law Journal
The thesis of my article, “American Legal Ethics in an Age of Anxiety,” is that the historical development of American legal ethics was regularly accompanied by an anxiety within the profession. In general, I suggest the legal profession’s understanding of its ethical precepts has been molded and reshaped during periods of professional anxiety. The profession’s understanding of legal ethics changed dramatically during various crises in the 19th century, exemplified by the different approaches taken by David Hoffman in the mid-1830s, George Sharswood in the mid-1850s, and David Dudley Field in the early 1870s. In each case, however, the triggering event …
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
The Texas School Finance Litigation Saga: Great Progress, Then Near Death By A Thousand Cuts., Albert H. Kauffman
St. Mary's Law Journal
The Texas Legislature’s system for financing Texas schools is significantly more equitable after Edgewood v. Kirby. Edgewood I and Edgewood II effectively forced the legislature to improve the finance system. However, the rulings in the first two Edgewood cases have been whittled away by the last four Edgewood decisions.. As a result, courts now approach fundamental issues, legislative power, and the relationship between them differently. The Edgewood v. Kirby legacy still improves the equity and adequacy of Texas’s public education finance system. This legacy is expanded upon with observations regarding long term impacts of the Texas school finance litigation saga.
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
The All-Woman Texas Supreme Court: The History Behind A Brief Moment On The Bench., Alice G. Mcafee
St. Mary's Law Journal
On the surface, there is nothing particularly noteworthy about the case of Johnson v. Darr, and, in fact it was not the merits of the case that made the headlines. It was the makeup of the tribunal. Long before women in Texas were even granted the right to serve on juries and before any woman ever served as a judge on any of the lower Texas courts, the judges appointed to hear the case of Johnson v. Darr were all women. This was the first time a woman was appointed in any capacity to serve on the Texas judiciary and …
On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz
On The Trail To Increased Client Protection: Attorney Contingent Fee Contract Termination In Light Of Hoover V. Walton Recent Development., Tiffanie S. Clausewitz
St. Mary's Law Journal
Abstract Forthcoming.
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
A Marginal Tax: The New Franchise Tax In Texas Comment., David A. Vanderhider
St. Mary's Law Journal
Taxation has long been a point of contention for both individuals and businesses. Primarily, taxation serves as a convenient and calculated method of allocating precious resources to areas in need. Although many states use property and income taxes as the preferred methods for funding these programs, Texas has a constitutional restriction on state taxation of individuals’ incomes. This means Texas has largely relied on property and business taxes to fund these programs. In 1991, while trying to avoid unconstitutional taxes on individuals’ incomes, the Texas Legislature adopted a franchise tax which taxed Texas businesses according to their capital. In 2006, …
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
Surreptitious Recording By Attorneys: Is It Ethical., Carol M. Bast
St. Mary's Law Journal
Ethical rules generally set forth commonly held ethics principles in broad terms which usually generate little debate. What has generated a great deal of debate is whether it is ethical for an attorney to record a conversation. The American Bar Association’s (ABA) view of the issue has shifted over the years. Originally, the practice was held to be unethical except for certain well-defined exceptions involving government attorneys. The 2001 ABA opinion officially withdrew the original opinion allowing attorneys to secretly record a conversation with a non-client where it is not illegal. States’ opinions as to whether conversation recording is ethical …
Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig
Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig
Cardozo Law Review
No abstract provided.
Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling
Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling
O'Neill Institute Papers
In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are …
Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch
Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch
Vanderbilt Law School Faculty Publications
A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …
Genomics & Ethnicity: Using A Tool In The U.S. Environmental Protection Agency's Environmental Justice Toolkit, David L. Mcmurray Jr.
Genomics & Ethnicity: Using A Tool In The U.S. Environmental Protection Agency's Environmental Justice Toolkit, David L. Mcmurray Jr.
Journal of Health Care Law and Policy
No abstract provided.
Banning Smoking In Chicago's Social Scene: Protecting Labor And Broadening Public Health Policy, 40 J. Marshall L. Rev. 1063 (2007), Adrienne Detanico
Banning Smoking In Chicago's Social Scene: Protecting Labor And Broadening Public Health Policy, 40 J. Marshall L. Rev. 1063 (2007), Adrienne Detanico
UIC Law Review
No abstract provided.
Challenges And Guidance For Lawyering In A Global Society The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Susan Saab Fortney
Challenges And Guidance For Lawyering In A Global Society The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Foreword., Susan Saab Fortney
St. Mary's Law Journal
Abstract Forthcoming.
Thompson/Mcnulty Memo Internal Investigations: Ethical Concerns Of The Deputized Counsel The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Essay., Colin P. Marks
St. Mary's Law Journal
Outside counsel who conduct internal investigations for corporate clients have always faced ethical concerns, especially when interviewing employees. Generally, a carefully crafted blanket statement at the beginning of the interview explaining outside counsel's role was sufficient to address these concerns. However, recent charging policies adopted by the Department of Justice ("DOJ") have drastically changed the rules. These policies, articulated in what is now commonly referred to as the "Thompson Memo," after the author and then Deputy General Larry Thompson, allowed prosecutors to consider factors such as waivers of the attorney-client privilege and work-product protections and whether the company provides legal …
Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal
Enforceability Of General Advance Waivers Of Conflicts Of Interest The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility., Nathan M. Crystal
St. Mary's Law Journal
Conflicts of interest among clients present some of the most pervasive ethical problems lawyers face. In many instances the affected clients may consent to a conflict. Under the ABA Model Rules of Professional Conduct, for consent to be effective, it must be “informed” and must be “confirmed in writing.” Informed consent to such conflict is often referred to as a “waiver” of the conflict. Many law firms have begun seeking “general advance waivers” of conflicts of interest. The ethical rules did not deal with the issue of advance waiver until 2002. Both Model Rules and the Restatement of the Law …
The Changing Face Of Vested Rights In Texas Land Development: A New Hat For An Old Law., Rebecca A. Copeland
The Changing Face Of Vested Rights In Texas Land Development: A New Hat For An Old Law., Rebecca A. Copeland
St. Mary's Law Journal
The Texas Legislature has recently made changes to Chapter 245 of the Local Government Code giving vested rights greater protection than ever before. Owners and developers now have greater protections, however, there are many circumstances under which the application of the law is unclear. Chapter 245 governs the issuance of permits for local development. The greater protections provided by the amendments include: defining the filing date upon which rights vest as the date “fair notice” is given to the regulatory agency, establishing a certified mail date as prima facie proof of the application’s filing date, and providing substantive rules governing …
Subsidies For Corn-Derived Ethanol May Leave Us Thirsty, Michael W. Lore
Subsidies For Corn-Derived Ethanol May Leave Us Thirsty, Michael W. Lore
Sustainable Development Law & Policy
No abstract provided.
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
Judicial Review Of Arbitration Awards In The Fifth Circuit., Christopher D. Kratovil
St. Mary's Law Journal
In the wake of a defeat in arbitration, trial lawyers seek appellate counsel looking for some method to escape the arbitrator’s decision. Most leave such offices disappointed after having been informed arbitration awards will be set aside by the courts “only in very unusual circumstances.” The Federal Arbitration Act (FAA) fully endorses arbitration and liberally encourages its use as an alternative to traditional litigation. Consistent with Congress’ focus on speed, efficiency, and cost reduction, a critical goal of arbitration is to establish “finality” at the earliest possible point. Unfortunately, early finality is antithetical to robust appellate proceedings. Yet, the FAA …
The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens
The Storm Between The Quiet: Tumult In The Texas Supreme Court, 1911-21., Michael S. Ariens
St. Mary's Law Journal
The Texas Supreme Court from 1911–1921 is best known not for the law it made or the opinions it wrote, but for its failure to decide cases. Although the supreme court’s difficulty in clearing its docket existed before 1911, the number of outstanding cases exploded during the second decade of the twentieth century. Arguably, the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were …
Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren
Setting The Limits In Texas Construction Law: A Look At The Surety's Limitations Under Indemnity Agreements And Equitable Subrogation Comment., John C. Warren
St. Mary's Law Journal
To clarify divergent case law, Texas courts should adopt good faith as the necessary standard governing indemnity agreements. Texas court decisions limiting settlement of bond claims by sureties can be split into three categories: (1) those cases where indemnity agreements fail to vest authority in the indemnitee to settle claims or require a good faith standard; (2) those expressly stating indemnitees have authority to settle claims in good faith; and (2) those expressly vesting a surety with exclusive rights to determine which bonded claims should be settled. Under the first line of cases courts apply common law indemnity principles requiring …
Joe Stell's Life, Career, & Contributions, Susan Kelly
Joe Stell's Life, Career, & Contributions, Susan Kelly
Water Matters!
Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …
Parties' Defenses To Binding Arbitration Agreements In The Health Care Field & The Operation Of The Mccarran-Ferguson Act Comment., Elizabeth K. Stanley
Parties' Defenses To Binding Arbitration Agreements In The Health Care Field & The Operation Of The Mccarran-Ferguson Act Comment., Elizabeth K. Stanley
St. Mary's Law Journal
Arbitration is a process which allows parties voluntarily to refer their disputes to an impartial third person, an arbiter, selected by them to determine the parties’ rights and liabilities. Initially, arbitration was encouraged between corporate entities with equal bargaining power. But, due to federal policy favoring arbitration, the use of predispute arbitration agreements have increased dramatically, and such clauses can now be found in many noncommercial consumer contracts, especially those in the health care industry. The strong federal policy favoring arbitration originated with Congress’ passing of the Federal Arbitration Act (FAA). Under the FAA, an arbitration agreement is enforceable if …
Microsoft Windows Vista: The Beginning Or The End Of End-User License Agreements As We Know Them Recent Development., Rebecca K. Lively
Microsoft Windows Vista: The Beginning Or The End Of End-User License Agreements As We Know Them Recent Development., Rebecca K. Lively
St. Mary's Law Journal
Microsoft Windows Vista’s widespread use and influence on the market represents an ideal case study on the enforceability, pitfalls, and future of the End-User License Agreement (EULA). Since the release of the Windows Vista operating system in early 2007, Microsoft consumers often do not realize they are entering into a contract with Microsoft when they install Windows Vista onto their computer. Microsoft consumers probably do not realize that they may be clicking away valuable rights. In analyzing the enforceability of the specific terms of the Windows Vista EULA, Washington law will be the primary source because the Windows Vista EULA …
The Trans-Texas Corridor Plan: Will Best Value Highway Contract Procurement Under Comprehensive Development Agreements Leave The Lowest Competitive Bidder In The Dust Comment., Jason C. Petty
St. Mary's Law Journal
Abstract Forthcoming.
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney
St. Mary's Law Journal
This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …
Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.
Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.
St. Mary's Law Journal
Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results. Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …
Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo
Liability Insurance And Punitive Damages: Does Texas Public Policy Detest This Union Comment., Anthony H. Castillo
St. Mary's Law Journal
There is a nationwide debate on whether punitive damages should be insurable. Insuring punitive damages causes courts concern regarding whether a wrongdoer escapes punishment by having the insurer pay for damages attributable to the wrongdoer’s egregious conduct. The United States Court of Appeals for the Fifth Circuit noted Texas’ public policy does not justify interference with private insurance contracts. The Court determined Texas allows liability insurance contracts to cover punitive damages and declared the inquiry ended. But, in the years since this determination, many Texas appellate courts have contracted the Fifth Circuit’s holding. The shifting discussion among Texas appellate courts …
Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer
Texas's Attempt To Mitigate The Risks Of Contracts For Deed - Too Much For Sellers - Too Little For Buyers Recent Development., Shelayne Clemmer
St. Mary's Law Journal
Abstract Forthcoming.
Comparative Responsibility In Nonsubscriber Litigation Revisited After Kroger Co. V. Keng., Trek C. Doyle, Jarrett R. Andrews
Comparative Responsibility In Nonsubscriber Litigation Revisited After Kroger Co. V. Keng., Trek C. Doyle, Jarrett R. Andrews
St. Mary's Law Journal
The Texas Supreme Court’s decision in Kroger Co. v. Keng appears to resolve the question of whether an employer who does not subscribe to worker’s compensation can avail itself of the proportionate responsibility scheme in Chapter 33 of the Texas Civil Practice and Remedies Code. The question left unresolved is whether proportionate responsibility is available in nonsubscriber cases involving additional independently liable defendants. In Keng, the Court premised its holding on Texas Labor Code § 406.033, concluding nonsubscribing employers are prohibited from proving its employees were negligent. The Keng Court declined to decide whether proportionate responsibility was unavailable per se. …
Current Trends In Texas Charge Practice: Preservation Of Error And Broad-Form Use., William G. Arnot Iii, David Fowler Johnson
Current Trends In Texas Charge Practice: Preservation Of Error And Broad-Form Use., William G. Arnot Iii, David Fowler Johnson
St. Mary's Law Journal
Over the years Texas appellate courts have been wrestling with two overwhelming charge issues—charge preservation of error and broad-form use. Since the charge is the controlling document the jury uses to decide the factual issues of the case, it is of extreme importance. Before a party can complain on appeal about charge errors, the error must be preserved at trial. The Texas Rules of Civil Procedure (TRCP) have a certain set of procedures for preservation of charge error. The Texas Supreme Court amended charge preservation of error practice in State Department of Highways & Public Transportation v. Payne. In the …